Citation Nr: 21071202
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 17-18 854
DATE: November 30, 2021

REMANDED

Entitlement to service connection for lumbar spine degenerative disc disease and degenerative joint disease is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1971 to April 1973, to include additional service thereafter in the reserve.   

This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

In December 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.  

Entitlement to service connection for lumbar spine degenerative disc disease and degenerative joint disease is remanded.

The Veteran contends that he currently suffers from a low back disability related to injuries he suffered during a period of active duty for training.  

To this point, VA has denied the Veteran's claim on the basis that it is more likely that the Veteran's current back disability is related to an on-the-job accident rather than to any incident during his period of inactive service.

Before the Board can make an informed decision, however, additional steps are required pursuant to VA's duty to assist.  At his December 2020 hearing, the Veteran noted that he was receiving disability benefits through the SSA.  Though VA made one attempt to obtain those records, that agency noted that the Veteran's wrong birthdate had been submitted.  On remand, VA must again to attempt to obtain the Veteran's treatment records through SSA.

Second, the Veteran also noted that he had been granted worker's compensation benefits related to his on-the-job injury.  It appears that the Veteran has submitted some of the records relating to this determination, but it does not appear that the entire record has been obtained.  On remand, VA must also attempt to obtain any available worker's compensation records.

Finally, to ensure that all available records have been obtained, VA must also ensure that all of the Veteran's service treatment and personnel records have been obtained. 

The matters are REMANDED for the following action:

1. Obtain the Veteran's SSA medical records relating to his back injury and associate with the claims file.  Document all requests for information as well as all responses in the claims file.  Note that the Veteran submitted an updated date of birth in a November 2020 Statement in Support of Claim.

2. With any necessary assistance from the Veteran, obtain the Veteran's complete workers' compensation records relating to his back injury and associate with the claims file.  Document all requests for information as well as all responses in the claims file.  

3. Obtain the Veteran's complete service personnel records, to include all documents pertaining to his service in the Army Reserve.  Verify all active duty for training and inactive duty for training dates for service.  If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS).  Document all requests for information as well as all responses in the claims file.  

4. Obtain the Veteran's complete service treatment records, to include documents pertaining to his Army Reserve service.  Document all requests for information as well as all responses in the claims file.  

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Crawford, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.